I 111th CONGRESS 1st Session H. R. 3790 IN THE HOUSE OF REPRESENTATIVES October 13, 2009 Mr. Meek of Florida (for himself, Mr. Maffei, Mrs. Emerson, Mr. Farr, Mr. Thompson of Pennsylvania, Mr. Altmire, Ms. Wasserman Schultz, Ms. Eddie Bernice Johnson of Texas, Mr. Boccieri, Mr. Klein of Florida, Mr. Shuler, Mr. Ryan of Ohio, Mr. Wexler, Mr. Murtha, Mr. Hastings of Florida, Mr. Tiberi, and Ms. Fudge) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to repeal the Medicare competitive acquisition program for durable medical equipment and prosthetics, orthotics, and supplies (DMEPOS) in a budget neutral manner.

1.

Repeal of Medicare DMEPOS competitive acquisition program

(a)

In general

Section 1847 of the Social Security Act (42 U.S.C. 1395w–3) is repealed. (b)

Effective date

(1)

In general

The repeal made by subsection (a) shall take effect on the date of the enactment of this Act. (2)

Impact on current contracts

In the case of any contract awarded under section 1847 of the Social Security Act before the date of the repeal of such section— (A)the contract is terminated; (B)no payment shall be made under title XVIII of such Act on or after the date of the enactment of this Act based on such a contract; and (C)to the extent that any damages may be applicable as a result of the termination of such contracts, such damages shall be payable from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act. (3)

Construction

Nothing in this subsection shall be construed to provide an independent cause of action or right to administrative or judicial review with regard to the termination provided under this subsection. (c)

Pay-For through change in covered item update

Section 1834(a)(14) of the Social Security Act (42 U.S.C. 1395m(a)(14)) is amended by redesignating subparagraph (M) as subparagraph (O) and by striking subparagraphs (K) and (L) and inserting the following: (K)for 2010, 2011, and 2012— (i)in the case of complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June of the previous year; and (ii)in the case of other items and services, −0.25 percentage points; (L)for 2013, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June 2012; (M)for 2014— (i)in the case of complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June 2013 plus 2.0 percentage points; and (ii)in the case of other items and services, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June 2013; (N)for 2015— (i)in the case of complex rehabilitative power wheelchairs recognized by the Secretary as classified within group 3 or higher, the percentage increase in the consumer price index for all urban consumers (U.S. urban average) for the 12-month period ending with June of the previous year; and (ii)in the case of other items and services, −0.5 percentage points; and .